HCS SB 795 -- ANIMALS AND AGRICULTURE

SPONSOR:  Mayer (Loehner)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture Policy by a vote of 10 to 2.

This substitute changes the laws regarding animals and
agriculture.

ROADSIDE VEGETATION

The Show-Me Green Initiative is established which allows persons
or entities to submit bids to the Highways and Transportation
Commission to mow grass or vegetation along state roadways using
the person's or entity's own equipment.  In addition to receiving
monetary compensation for the work, the person or entity will
receive hay rights for the portion of the roadway in the
contract.

The commission may enter into contracts with persons or entities
to plant and harvest switchgrass or other grasses or produce
approved by the commission on the right-of-way of any state
roadway.  These contracts will be for a period of at least five
years.

FARM TO INSTITUTE INITIATIVE

The Farm to Institution Initiative is established in the
Agriculture Business Development Division within the Department
of Agriculture to improve public awareness of and access to
agricultural products produced or processed by small farmers and
small agribusinesses, promote a sustainable Missouri food system,
and strengthen the state's economy.  The division may coordinate
with the departments of Elementary and Secondary Education,
Health and Senior Services, Corrections, Mental Health, and
Economic Development to promote the economic and health benefits
of the initiative.  The substitute:

(1)  Requires the division to provide small farmers and small
agribusinesses with financial and technical assistance in the
branding, marketing, and distribution of locally grown
agricultural products;

(2)  Establishes the Farm to Institution Program to reduce
obesity, improve nutrition and public health, and strengthen
local agricultural economies by increasing access to and
promoting the consumption of locally grown foods;

(3)  Establishes the Farm Fresh Schools Program to link schools
with locally grown food; develop nutritional awareness, healthy
eating habits, and physical activity for the overall wellness of
students; emphasize the purchase of locally grown foods by
schools; establish specified goals regarding these purchases; and
identify existing resources for processing foods locally and
funding sources for the expansion of local processing;

(4)  Establishes the Farm to Cafeteria Program to build
partnerships to reform state institution food procurement
policies to facilitate the purchase of locally grown foods by
linking local food producers and processors with institutions,
emphasize the purchase of locally grown foods by institutions,
establish specified goals regarding these purchases, and identify
existing resources for processing foods locally and funding
sources for the expansion of local processing facilities;

(5)  Creates the Farm to Institution Initiative Fund consisting
of moneys appropriated for the program, gifts, bequests, or
donations to be used solely for the administration of the
program; and

(6)  Requires grants to be awarded from the fund to eligible
participants on a competitive bid process to implement the Farm
to Institution Program with the first six grants awarded in
counties with a significant agricultural economy based on need.

RIGHT TO RAISE ANIMALS

The substitute affirms that it will be the right of Missouri
citizens to raise domesticated animals in a humane manner without
the state imposing an undue economic burden on their owners.

URBAN FARMING TASK FORCE

The Urban Farming Task Force is established within the Department
of Agriculture consisting of 15 members including four
legislative members of the General Assembly with all members of
the General Assembly not appointed to the task force as ex
officio members.

The task force must study and make recommendations regarding the
impact of urban farm cooperatives, vertical farming, and
sustainable living communities in Missouri.  The task force is
required to hold a minimum of one meeting at three urban regions
in Missouri and submit an initial report of its findings and
recommendations by December 31, 2010, to the Governor and General
Assembly.  The task force must continue to meet at least annually
in the following two years to evaluate the implementation and
impact of its recommendations and provide annual supplemental
reports on its findings to the Governor and General Assembly.

WHITETAIL DEER PROCESSING

The substitute requires state meat inspectors to inspect, from
June 1 through August 1, whitetail deer caucuses for processing
that are documented as obtained from a legal source and not from
the wild which have been raised in confinement for human
consumption.

REGISTRATION AND INSPECTION OF HORSE MEAT ESTABLISHMENTS

Any person operating an establishment in which horse meat is
processed or sold, exposed, or offered for sale at wholesale for
human consumption is required to annually register with the
Department of Agriculture.  The applicant must file an
application for a certificate of registration which is to include
certain specified information as required by the department
director and the Federal Meat Inspection Act.  The department
director may refuse to issue, revoke, or suspend a registration
if the establishment fails to comply with the provisions of the
substitute or the federal act after the applicant has been given
an opportunity to be heard by the department director in regard
to the refusal, suspension, or revocation.

An annual registration fee of $50 and an inspection fee to cover
the inspection costs based on the number of horses processed must
be paid to the department director with the application.  All
fees collected will be deposited into the newly created Horse
Meat and Product Fund to pay for the administrative costs
associated with the provisions of the substitute including, but
not limited to, the payment of United States Department of
Agriculture (USDA) inspections.

Establishments registered by the department are prohibited from:

(1)  Selling, offering, or exposing for sale any horse meat,
product, or carcass without the required labeling specified in
the substitute;

(2)  Defacing, altering, or removing a required identification
label or a USDA inspection impression made by a stamp on the
horse carcass, meat, or meat product;

(3)  Selling horse meat, products, or carcasses deemed by a USDA
inspection as adulterated, misbranded, or unfit for human
consumption;

(4)  Operating or maintaining an establishment in an unsanitary
manner;

(5)  Selling certain specified horse parts or parts of a horse
included in a horse meat food product intended for human
consumption;

(6)  Mixing horse meat with any other animal meat and selling,
offering, or exposing it for sale for human consumption; and

(7)  Placing horse meat or a horse meat product which is intended
to be sold for pet food in a refrigerated compartment with food
for human consumption.

Establishments registered with the department are required to:

(1)  Provide access at all reasonable times to the department
director and the USDA for the inspection of any premise in which
any horse carcass, horse meat, or horse meat product is
processed, packed, transported, sold, exposed, or offered for
sale at wholesale;

(2)  Provide samples or specimens of horse meat, products, or
carcasses to determine whether there has been a violation of USDA
inspection regulations, the federal act, or department rules or
if a violation exists;

(3)  Decharacterize with charcoal or green food dye any horse
meat, horse meat food product, or carcass that is not labeled as
to use or is labeled as pet food except horse meat or a product
that is individually packaged in hermetically sealed packages and
labeled as pet food; and

(4)  Maintain certain wholesale records of any horse meat or
carcass sold for one year from the date of the sale and make the
records available to the department director for inspection
during regular business hours.

Possession of any unlabeled horse meat, product, or carcass will
constitute prima facie evidence that the commodity is for sale
unless the person has legally purchased the commodity for his or
her personal consumption.

The Attorney General or prosecuting attorney must institute
prosecution proceedings against the defendant in the county in
which the defendant resides, where his or her registered business
is located, or where the violation occurred upon a report of
violation by the department director.  Anyone violating the
provisions of the substitute will be guilty of a class A
misdemeanor for the first offense and a class D felony for any
subsequent offense.

ANHYDROUS AMMONIA

The Department of Agriculture is required to adopt the American
National Standards Institute minimum general safety standards for
the storage and handling of anhydrous ammonia, except that the
department must not adopt the standards prior to December 1,
2015.  The provision of the substitute regarding the storage of
anhydrous ammonia will not apply to any storage equipment in use
as of August 28, 2010, and which is found by the department to be
in substantial compliance with generally accepted standards of
safety regarding life and property.

DISEASED ANIMALS

The substitute specifies that any animal or bird under
investigation by the State Veterinarian for carrying a toxin must
not be removed from the premises until certain conditions are
met.  The State Veterinarian will be authorized to choose the
method of eradication of the toxin and may implement a holding
period restricting the movement of any animal or bird under
investigation for the presence of a toxin.  Once an investigation
is completed, the animal or bird must be released from the
holding period or must be permanently quarantined by the State
Veterinarian or his or her representative.

MISSOURI ANIMAL CARE ADVISORY COMMITTEE

The Missouri Animal Care Advisory Committee is established within
the Department of Agriculture to review and make recommendations
on the welfare of poultry, livestock, and licensed dog breeding
facilities in this state.  The 18-member committee will include
the chairs of the Senate Agriculture Committee and the House of
Representatives Agriculture Committee as nonvoting members.

The committee must review the animal care practices related to
poultry, livestock, and licensed dog breeding facilities and,
when necessary, make recommendations to the General Assembly.
When reviewing these practices, the committee must consider:

(1)  The health and husbandry of poultry, livestock, and dogs at
licensed breeding facilities;

(2)  Generally accepted farm management practices;

(3)  Generally accepted veterinary standards and practices;

(4)  The economic impact on poultry and livestock farmers,
licensed dog breeders, consumers, and the affected sector as a
whole; and

(5)  Species specific animal care guidelines established by the
respective national poultry, livestock, and licensed dog breeders
organizations.

The committee must review national species specific animal care
guidelines once every five years.

WILD AND FERAL SWINE

The substitute changes the laws regarding wild or feral swine.
The Director of the Department of Agriculture must establish
rules regarding the fencing and health standards for Russian and
European wild boars or wild-caught swine held alive on private
land.  Any person holding these swine on private land must
annually obtain a permit from the department.  The capture and
possession of feral hogs on public land and the transport of live
Russian and European wild boars or wild-caught swine through or
on public land without a permit is prohibited.  The transport of
live Russian and European wild boars or wild-caught swine for any
purpose other than to slaughter or to move to another farm
requires a permit from the department unless the transporter is
issued an exemption permit by the department.  Any person in
violation of these provisions will be guilty of a class A
misdemeanor and may be assessed an administrative penalty of up
to $1,000 per violation.

Any person who recklessly or knowingly releases any swine on
public or private land to live in a wild or feral state without
adequate fencing will be guilty of a class A misdemeanor and will
be subject to an administrative penalty of $1,000 for each swine
released for the first offense, $2,000 for each swine released
for the second offense, and $3,000 for each swine released for
the third or any subsequent offense.

The Animal Health Fund is created which will consist of all fees
collected by the department under the provisions of the
substitute.  Moneys appropriated from the fund must be used to
administer the provisions of the substitute.

These provisions do not apply to domestic swine.

LICENSURE AND REGULATION OF ANIMAL CARE FACILITIES

The substitute changes the laws regarding the Animal Care
Facilities Act.  The substitute:

(1)  Removes the exemption for animal shelters from the required
annual licensure fee; and

(2)  Prohibits the Department of Agriculture from retaining,
contracting with, or otherwise utilizing the services of the
personnel of any nonprofit organization for the purpose of
inspecting or licensing a shelter, pound, kennel, breeder, pet
shop, or any animal care facility subject to the provisions of
the act.

PESTICIDE FEES AND AGRICULTURE PROTECTION FUND

The substitute increases the fee for registering a pesticide from
$15 per year with a late charge of $5 assessed for any pesticide
not registered by January 1 to $150 per year with a late charge
of $50 assessed for any pesticide not registered by January 1 to
be deposited into the newly created Agriculture Protection Fund.
Fees are to be used solely to administer the pest and pesticide
programs of the Department of Agriculture.  If funding exceeds
the reasonable cost of administering the programs, the department
is authorized to set reduced fees for pesticide registration.

The fund will also consist of all fees collected and assessed by
the department which are not already credited to a program-
specific purpose.  Fees related to egg licenses, the sale of
wine, and pesticide registration are specifically directed to the
fund.  The fund must be used by the department for functions and
responsibilities relating to the programs from which the fees are
collected.

LIQUOR AND WINE TASTING

Wineries, distillers, manufacturers, wholesalers, or brewers are
allowed to provide samples for customer tasting purposes at
licensed retail premises that have a special permit or a by-the-
drink-for-consumption-on-the-premises-where-sold retail license.
The winery, distiller, manufacturer, wholesaler, or brewer cannot
give money or anything of value to the retailer for the privilege
or opportunity to conduct the tasting.

BLASTING SAFETY

Individuals using explosives along with a well screen cleaning
device for the purpose of unblocking clogged agricultural
irrigation well screens located within the Southeast Missouri
Regional Water District are added to the list of individuals who
are exempt from the requirements to obtain a blaster's license.

AGRITOURISM PROMOTION ACT

The Agritourism Promotion Act is established which allows for the
registration of any person who is engaged in a business which
provides agritourism activities in Missouri.  The substitute:

(1)  Defines "agritourism activity" as any activity which allows
the general public for recreational, entertainment, or
educational purposes to view or enjoy rural activities including,
but not limited to, farming and ranching activities or historic,
cultural, or natural attractions;

(2)  Defines "inherent risks of a registered agritourism
activity" as dangers or conditions which are an integral part of
an agritourism activity including the potential of a participant
to act in a negligent manner that may contribute to injury to the
participant or others;

(3)  Allows any person to register his or her agritourism
activity with the Director of the Department of Agriculture.  The
registration must contain a description of the agritourism
activity he or she intends to conduct and the location where the
activity will be conducted;

(4)  Specifies that the registration is for a period of two years
and a fee of up to $200 may be imposed on an applicant to cover
the actual administrative costs associated with registration;

(5)  Requires the department to maintain and make available to
the public a list of all registered agritourism operators, the
registered agritourism activities conducted by each operator, and
the registered agritourism location;

(6)  Requires the department to promote and publicize registered
agritourism operators, activities, and locations by promoting and
encouraging tourism;

(7)  Requires every registered agritourism location to post and
maintain signage which contains a specific warning notice that
there is no liability for certain injuries or the death of a
participant in a registered agritourism activity;

(8)  Specifies that any participant is assuming certain inherent
risks when participating in an agritourism activity;

(9)  Specifies that a registered agritourism operator is not
liable for an injury to or the death of a participant resulting
from the inherent risks of agritourism activities if the warning
is posted as required unless the injury to the participant was by
willful or wanton conduct or the operator failed to make
dangerous conditions known to a participant and the condition
resulted in an injury;

(10)  Specifies that the operator has an affirmative defense to
liability if the injured person deliberately disregarded
conspicuously posted signs, verbal instructions, or other
warnings regarding safety measures during the activity or if any
equipment, animals, or appliances used by the injured person
during the activity were used in a manner or for a purpose other
than that for which a reasonable person should have known they
were intended; and

(11)  Creates the Agritourism Fee Fund consisting of registration
fees and moneys appropriated to the fund to be used solely for
the administration of the provisions of the act.

LARGE CARNIVORE ACT

The Large Carnivore Act is established which prohibits, beginning
January 1, 2012, any person from owning or possessing, breeding,
transferring ownership or possession, or transporting a large
carnivore unless he or she has a permit.  "Large carnivore" is
defined as any of the following large cats of the Felidae family
that are nonnative to this state held in captivity including:
tiger, lion, jaguar, leopard, snow leopard, clouded leopard, and
cheetah, including a hybrid cross with these cats, excluding any
unlisted nonnative cat, or any common domestic or house cat or
any species of bear that is nonnative to this state and held in
captivity.  The Division of Animal Health within the Department
of Agriculture is required to implement and enforce the
provisions of the substitute.  Certain requirements regarding the
care and control of a large carnivore are specified.

Any person who owns or possesses a large carnivore is liable in a
civil action for the death or injury of a human or another animal
and for any property damage caused by the large carnivore.  If a
large carnivore escapes or is released, intentionally or
unintentionally, the owner is required to immediately notify law
enforcement and is liable for all expenses associated with the
efforts to recapture the large carnivore.  The owner is required
to maintain liability insurance in an amount of not less than
$250,000 and annually provide verification to the department.  An
application for a permit is to be accompanied by a fee not to
exceed $2,500 for each large carnivore with an annual renewal fee
not to exceed $500 as established by the department to offset the
costs to enforce the provisions of the act.  The Large Carnivore
Fund is created for the deposit of moneys collected under these
provisions for the administration of the act.

The specified requirements are in addition to any applicable
state or federal law and do not preclude any local political
subdivision from adopting more restrictive laws.  Certain
entities, law enforcement officers, animal control officers,
veterinarians, and department employees are exempt from the
provisions of the act.

Any person violating these provisions will be guilty of a class A
misdemeanor.  Any person who intentionally releases a large
carnivore will be guilty of a class D felony.  Violators may be
required to do community service work or lose the privilege of
owning any animal.

The provisions of the substitute regarding the Urban Farming Task
Force expire December 31, 2013, and the provisions regarding the
Farm to Institute Initiative will expire six years from the
effective date.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a cost
of $1,459,889 to Unknown in FY 2011, an income of $1,248,166 to a
cost of Unknown in FY 2012, and an income of $1,425,264 to a cost
of Unknown in FY 2013.  Estimated Effect on Other State Funds of
an income of $2,535,848 to Unknown in FY 2011, an income of
$83,990 to Unknown in FY 2012, and a cost of $97,236 to an income
of Unknown in FY 2013.

PROPONENTS:  Supporters say that the use of explosives to remove
minerals and bacteria from the screens located at the bottom of
irrigations wells was inadvertently not included in the
exemptions from blasting safety requirements codified in 2007.
This use of explosives is regulated by the federal government, is
used only in the Southeast Water District, is an important
inexpensive cleaning tool, and poses no safety concerns.

Testifying for the bill were Corey Jackson for Senator Mayer;
Representative Brandom; State Fire Marshal; Missouri Limestone
Producers Association; Missouri Farm Bureau; Bryan Cave LLP; ANR
Pipeline; and Missouri Agribusiness Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:15 pm